On the recordApril 15, 2021
Mr. President, right now, I just want to speak about the motion to discharge as opposed to whether people should vote for or against Gupta. I am opposed to this effort to discharge Gupta from the Judiciary Committee. In fact, it is not properly in order. In theory, we are moving this nomination because it failed in Committee by an even, tie vote. But that vote should never have been called, and it was improper when it was. Under the committee rules, members have a right to unlimited debate. This can only be stopped either by a bipartisan vote to end debate under the rules or by a vote of the majority of the committee to set a time certain to vote under precedent. Because Republicans at Ms. Gupta's markup wanted to talk, there couldn't have been a bipartisan vote to end debate. In fact, some, like my colleagues from North Carolina, didn't have a chance to speak and were still waiting their turn. And because the Democrats don't have a majority in the committee, they couldn't have set a time certain. Under the rules and precedents of the committee, then, they had to let Republicans talk, and if it took more than one markup, so be it. The Democrats did this talkathon when I was chairman. During our second markup of 2017, in order to delay Senator Sessions' nomination to be Attorney General, Democrats filibustered in the Judiciary Committee. When it happened, I didn't interrupt anyone or break any rules.…





